THE SCHØYEN HUMAN RIGHTS FOUNDATION
Articles of Association
THE SCHØYEN HUMAN RIGHTS FOUNDATION
STATUTES ADOPTED ON 22.5.1999
AS AMENDED ON 6.5.2008, 6.12.2010, 5.6.2013, 30.6.2020, 8.8.2022 og 17.7.2024
Art. 1. NAME AND TYPE OF FOUNDATION
Art. 1.1. The name of the Foundation is THE SCHØYEN HUMAN RIGHTS FOUNDATION
Art. 1.2. The Foundation shall be an international and perpetual Foundation.
The place of business of the Foundation shall be Oslo.
Art. 2. OBJECT
Art. 2.1 Based on the core Christian value that human life is sacred and inviolable and that all persons are created equal and free with the same dignity and human rights, the main object of the Foundation is to save human life and combat violations of human rights and fundamental freedoms, and to promote and strengthen these.
This embraces people in all parts of the world and of all ages, races, colours, sex, languages, nationalities, religions, political or other views, social origins, congenital or acquired physical conditions, psyches, orientations, health and conditions of birth.
Art. 2.2. The object of the Foundation is two-fold and includes, more particularly, for example, the following:
Saving human life by preventing premature death which is not caused by advanced age. This means causes of death such as due to terrorist activities, the use of weapons of any kind, abuse of power, persecution, repression, authoritarian or corrupt governance, diseases, epidemics, nutrition and water shortages, narcotics, food and environmental poisoning, accidents, natural disasters, etc.
The object may be realized by focussing on:
Art. 2.2.1. Emergency aid in urgent situations and work in the immediate aftermath of such situations, for instance water purification, mine clearing, reallocation of refugees, rebuilding of basic infrastructure, etc.
Art. 2.2.2. Preventive efforts such as vaccination programs, nutrition and hygiene education for mothers, basic nutrition education, help to self-help, etc., all using local labour and goods wherever possible, in cooperation with the beneficiary and on the beneficiary's terms.
Art. 2.2.3. Business development, organizational development, knowledge building, including for leaders and politicians, and long-term combatting of poverty through communication development and technology transfer, in the form of both loans and subsidies, adapted to the development level and culture of the beneficiaries, using local labour and goods wherever possible, on the beneficiary's terms and pursuant to clear employment contracts. The Foundation should not give direct loans or subsidies to governments and states.
Art. 2.2.4. Working for "fair trade" between rich countries and, not least, developed countries or regions. Fighting protectionism, quotas, tariffs, barriers, discriminatory standards, subsidies, etc. Channelling net capital flows to the least developed countries or regions. Defying excessively harsh conditions imposed by the World Bank, the International Monetary Fund and other institutions, as well as embargoes and blockades which negatively affect the lives and health of children and the unprivileged. The promotion of solidarity and compassion.
Art. 2.2.5. Exposing authoritarian, corrupt and fundamentalist regimes, government leaders, politicians and powerbrokers. This must be done country by country, using all appropriate media and means and all available information and communication technology, networks, etc.
Art. 2.3. The second part of the Foundation’s object is to combat violations of and to promote and strengthen human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights of 10 November 1948, the UN Convention on Civil and Political Rights of 16 December 1966, the Vienna Declaration and Programme of Action of 25 June 1993 as well as similar declarations, conventions and amendments by the UN or the international community which may be adopted in the future.
The aforementioned and the following United Nations declarations and treaties are, in the Foundation's opinion, to be regarded as laying down minimum standards. They shall not limit the concept of human rights, or the measures to be employed in combating violations of human rights, or the promotion and strengthening of human rights.
Although the full range of human rights and fundamental freedoms mentioned in Art. 2.3. fall within the scope of the Foundation's object, focus may be directed at combating the following forms of human rights violations:
Art. 2.3.1. Torture pursuant to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984, as amended. For the Foundation, the concept of torture is expanded to include torture from all persons other than those with official status pursuant to Article 1 of the Convention, and the Convention is otherwise regarded as laying down minimum standards.
Art. 2.3.2. Genocide (Convention on the Prevention and Punishment of the Crime of Genocide 1948 as amended)
Art. 2.3.3. Abuse, rape, discrimination, repression, undignified or disrespectful treatment etc. of the weakest, such as:
Children (in the meaning of the Convention on the Rights of the Child 1989, as amended).
Women (in the meaning of the Convention on the Elimination of All Forms of Discrimination Against Women 1979, as amended).
The elderly and disabled.
Indigenous peoples and all kinds of minorities, see Art. 2.3.10.
Refugees (in the meaning of the Convention relating to the Status of Refugees 1951, as amended) and asylum seekers.
Art. 2.3.4. Disappearances
Remand custody exceeding 24 hours or imprisonment or internment without legal authority or judgement. Remand custody in isolation cells or together with convicted criminals. Remand custody, imprisonment or security due to political opinion, criticism of political, military or religious powers, religion, faith, doubt as to identity or other arbitrary detention or imprisonment.
Art. 2.3.5. Psychiatric coercive measures such as involuntary commitment, use of straitjackets, electroconvulsive therapy, chemical agents and experiments, etc., which shall never be used for financial reasons or due to lack of staff, resources, or political, military, security or religious reasons, and otherwise only with the prior consent of the patient and the patient’s next-of-kin and lawyer.
Violation of the right to immediate treatment for acute or painful illness, and a maximum of two weeks waiting time for the treatment of serious diseases, illnesses that develop rapidly or require prompt treatment etc. Also violations of the right to a dignified and humane old age, hospitalization and death.
Art. 2.3.6. All other violations of the right to peace, freedom, coverage of basic needs, health, personal security, fair administration of justice, privacy, family, home and personal property.
Art. 2.3.7. Violation of freedom of expression, freedom of information and freedom of communication, including the right to peacefully demonstrate for one’s opinions.
Protection of libraries, archives, collections, databases, art collections, museums, etc., since these represent humanity's collective memory. Further, freedom of establishment of these, freedom of acquisition and freedom of access.
Art. 2.3.8. Violations of freedom of religion, freedom of belief and freedom of thought, including freedom from fundamentalist legislation including sharia laws and other discriminatory laws or practices, as well as persecution of religious minorities.
Unlimited right to mutual proselytizing and peaceful dissemination of religion, to build, maintain and use churches, synagogues, mosques, temples and other sacred buildings and places, as well as to acquire and use symbols and literature, etc., and to change religion or not to follow any religion.
Art. 2.3.9. Combating any and all curtailment or revocation of the right to life, human rights and fundamental freedoms on the grounds of war, civil war, rebellion, demonstration, state of emergency, national security, public order or any political, military, religious or moral etc. grounds whatsoever, or for secret grounds or no grounds at all.
Art. 2.3.10. Initiate independent basic research on human rights and fundamental freedoms, including clarifying the causes of civil war, ethnic and religious conflicts, genocide, terrorism, abuse of power against and oppression and discrimination of indigenous peoples, tribes and all other types of minorities.
Submit proposals for fundamental and lasting solutions, such as expanded democratic development to enable peoples or groups with common ethnic, religious, linguistic, cultural, historical, geographical or other bonds to determine themselves the degree of freedom and self- determination they shall have within, or irrespective of, national boundaries. Submit proposals for national and international legislation and enforcement of such rights, as well as strategies for national and international political acceptance and implementation etc.
Further, basic research on human rights developments and conditions in the near and distant future in order to forestall new future threats and to have optimal tools and strategies to combat and eliminate threats at all times.
Art. 2.4. The object of the Foundation is intentionally comprehensive so that parts of it will forever be relevant in light of the Foundation's perpetual character. It is also concrete and the specific measures and human rights violations that are emphasised are not exhaustive.
Art. 2.5. New and currently unknown threats against human life, human rights and the fundamental freedoms will appear in the future and these will at all times be covered by the Foundation’s object.
Art. 2.6. It will not be possible for the Foundation to be good or best at all times in all areas covered by the object, and the Board must determine priorities and specializations. The Board shall draw up action plans for priorities and specializations and revise these annually.
Art. 2.7. The Foundation shall always be updated, ahead, creative and perhaps unorthodox in its use of instruments and technology to implement the object, and shall use innovative strategies to ensure breakthroughs and results.
Art. 3 INTERNATIONAL HUMAN RIGHTS PRIZE
Art. 4. FOUNDING CAPITAL
Art. 4.1. The Foundation’s founding capital at the date of incorporation is NOK 1,000,000..
Art. 4.2. By gifts and legacies from the founder, Martin Schøyen, the Foundation will accrue funds from the sale of manuscripts from The Schøyen Collection, or will receive all or part of the collection directly, which can then be sold, together with other assets.
Art. 4.3. The founding capital may also be increased by specific gifts or legacies from donors, etc.
Art. 4.4. The founding capital is the Foundation's primary source of return in perpetuity. It can under no circumstances be reduced or used as collateral.
Art. 4.5. Of each year’s realized capital, a minimum amount equal to the year's inflation percentage multiplied by the founding capital at the start of the year shall be added to the founding capital, provided that the minimum amount to be added to the founding capital shall be 20% of the year's realized capital. Unrealized capital gains or losses shall be added to or deducted from the gain reserve, which cannot be distributed before the gain or loss is realized.
Art. 4.6. A minimum of 20% of other income, gifts or legacies that are not earmarked the founding capital or specific projects or purposes, shall be added to the founding capital.
Art. 4.7. 50 % of the part of the Foundation's annual disposable profit which is not used in pursuance of the Foundation’s object in the year shall be added to the founding capital and 50% shall be transferred for distribution in the subsequent year or allocated to the distributable reserve.
Art. 4.8. The founding capital per 17 July 2024 amounts to NOK 75,000,000. The amount is updated automatically each year according to the annual accounts and does not require an amendment of these statutes.
Art. 5. ASSET AND RISK MANAGEMENT
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Art. 6. ACQUISITION OF ASSETS
Art. 6.1. The Foundation’s main source of income is the return on founding capital. However, the Foundation may receive income from other sources, such as legacies and sponsorships, and from adoption by third parties of projects, groups or individuals who are subject to human rights violations, etc. Income may also be derived from fundraising drives and regular donations, but only insofar as these do not imply unnecessary or costly competition with national partners. The Foundation should avoid lotteries and other fundraising methods where the only a low proportion of the gross income accrues to the purpose.
The Foundation may receive income from governmental organizations to the extent that it is received on the Foundation's own terms, is linked to specific projects and not for the benefit of the Foundation in general, and in total amounts to less than half of the Foundation's total revenue. In all other respects, the provisions of Art. 2.7. shall apply.
Art. 6.2. In the same way as the Foundation is founded by a person with considerable fortune and without heirs, who wishes that that the capital itself shall remain intact and that the return shall promote the Foundation's object for all the conceivable future, there will at any given time be a number of people in the world in the same situation who are concerned about human rights and who should be encouraged to contribute directly to the founding capital.
If the fortune is considerable, the Foundation may offer that their proportion of the founding capital shall carry their name, but otherwise be managed in common with the founding capital in general.
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Art. 7. OPERATION, PLANNING, INFORMATION AND COMMUNICATION TECHNOLOGY
Art. 7.1. The Foundation shall primarily operate through clear cooperation agreements with national and international development aid and human rights organizations, churches, UN organizations, institutions and individuals. To some extent, the Foundation may operate under its own direction, and operations should then be unified and coordinated with other organizations to avoid duplicate activities and unnecessary competition, and to gain greater weight and effect, and to contribute to fundamental and permanent changes in individual countries. Operations shall be organized accordingly in order to secure an optimal result in relation to the Foundation’s overall resources and networks.
Art. 7.2. Operating plans and innovation strategies shall be developed in order to ensure breakthroughs and results in areas where international development and human rights work has had little progress.
Art. 7.3. Operations shall be administered competently, efficiently and flexibly using well-qualified, motivated, enterprising and active staff and be on a modest and realistic scale in relation to the scope of business at any given time. The Foundation shall adopt a sober attitude to costs and operations. Tight cost control through efficient budget management shall be implemented and reasons for any negative monthly deviation shall immediately be mapped and measures implemented.
The annual report and accounts shall be prepared in accordance with high and recognized standards at least equivalent to the accounting legislation of the country in which the Foundation is registered, alternatively corresponding to US GAAP or equivalent. They should focus particularly on obtained and quantified results, which should be measured against the results of similar organizations.
Art. 7.4. All projects, whether in collaboration with other organizations or under the direction of the Foundation, shall have a project plan with specific and to the greatest extent quantified objects and budget when the nature of the project permits.
Project completion should be thought through from the start of the project. Help to self-help shall to the greatest extent be on the beneficiary's terms, with clear mutual cooperation agreements and quickest possible full local handover, and shall be pre-planned. Projects shall be subject to continuous evaluation and project management, as well as evaluation upon completion. Concluded projects that continue under local management should be required to report annually or at longer intervals, or be monitored in another way and, as appropriate, assistance should be provided to ensure that the project continues and is sustainable.
Art. 7.5. Art. 2.2.5. and Art. 2.7. of the object places special and active demands for critical information and influencing of opinion through the media, and requires the Foundation to be at the forefront in using available information and communication technology.
Access to all human rights databases and databases concerning violations thereof, necessary literature and open underground networks is essential. High data security shall be maintained.
Art. 7.6. Security routines to counteract measures from authoritarian or fundamentalist regimes and groups etc. shall be implemented when required. The Foundation shall strive to maintain high security for its staff and partners who participate in hazardous projects in war zones, terrorist- endangered or drug traffic-endangered areas, mine-clearing etc., and to provide full support with medical, psychological and compassionate assistance during and after assignments.
Art. 8. THE BOARD
Art. 8.1. The Board shall consist of between three and seven men and women below 80 years of age. The Board shall elect its chair.
The age limit for members of the Board shall not apply to the founders.
Art. 8.2. The Board members should collectively have expertise within the Foundation's main object, financial management and risk management, etc., be respected in their fields and be able to demonstrate good results. They should be motivated and enterprising in an active interaction between the Supervisory Board and the Foundation’s management.
Art. 8.3. The Board members must agree with the object of the Foundation and actively work to implement it and these statutes.
Art. 8.4. The Board shall be elected by the Supervisory Board. Notwithstanding, the Board shall be appointed by the founders until such time as the Foundation has become fully operational with a founding capital of minimum NOK 100 million or annual revenues of minimum NOK 10 million and the Supervisory Board is implemented.
Art. 8.5. The Board members shall be elected for two years at a time and may be re-elected. Founders who are members of the Board are not up for election.
Art. 8.6. The Board may amend the statutes with a two-thirds majority of all members, except as provided in in Arts. 10.4, 10.5, 10.7 and 10.8 (l), see however Art. 9.2.
The Board shall be deemed to have a quorum when at least three members attend in person or participate by telephone or other means of communication.
Art. 8.7. When the Foundation has become fully operational, the Board members may be paid directors' fees, which, however, in view of the Foundation’s modest expenses policy should be moderate and not exceed the average fees paid to directors of small and medium sized Norwegian companies.
The Supervisory Board shall determine the Board members’ remuneration.
Art. 8.8. The Board shall appoint the business manager (Secretary General). This should be a dynamic person with management experience and the highest level of ability for actively implementing the Foundation's object and be the best person in his or her field available in the national or international market. The business manager shall be appointed on competitive terms. In order to ensure clear lines of responsibility, he or she should not be a member of the Board or Supervisory Board, in the same way as Board members cannot sit on the
Supervisory Board.
Art. 8.9. The Board shall determine priorities and specializations pursuant to Art. 2.6 of the object and initiate preparation of the action plan for the business. The Board shall also prepare instructions for currency risk pursuant to Art. 5.3.4., as well as strategies, instructions, evaluations, etc. for investment management pursuant to Art. 5.3.5. Moreover, the Board shall initiate general organizational development and regular evaluation of the Foundation’s efficiency both with regard to objects and priorities and compared with similar organizations.
Art. 8.10. Two members of the Board together have power to bind the Foundation.
Art. 9. SUPERVISORY BOARD
Art. 9.1. The Supervisory Board shall consist of between 10 and 15 men and women below 75 years of age who collectively should have expertise that covers the Foundation's object. They shall represent the church, government, law and order, emergency and development aid, human rights, research, access to knowledge and information, management and financial administration and, not least, local partners in developing countries and victims of serious human rights violations. The Supervisory Board shall elect its chair.
Art. 9.2. The Supervisory Board shall elect the Board, approve amendments to the statutes adopted by the Board, approve the award of the International Human Rights Prize on the proposal of the Board, be a resource and knowledge bank and idea-developer for the Board and Foundation staff, appoint the Foundation’s auditor, who shall be a chartered accountant, issue a statement on the annual accounts and directors' fees, and ensure that the Board at all times complies with the statutes, the Foundation Act and other relevant legislation.
Art. 9.3. The Supervisory Board shall not be paid a fee but may claim reimbursement of travel and accommodation expenses etc. from the Foundation. Meetings shall be held at least twice per year. The Supervisory Board shall be deemed to have a quorum when at least seven members attend in person or participate by telephone or other means of communication.
Art. 9.4. The following institutions shall nominate or elect one member each to the Supervisory Board as soon as the Foundation is fully operational pursuant to Art. 8.4.
Art. 9.4.1. The Church of Norway represented by the Secretary General of the Council of Ecumenical and International Relations, or the at any time main Christian denomination in the country or the region where the Foundation is located.
Art. 9.4.2. The Chief Justice of the Supreme Court, or the at any time highest court in the jurisdiction in which the Foundation is located (respected lawyer specializing in international law or human rights law).
Art. 9.4.3. The UN High Commissioner for Human Rights, alternatively Amnesty International.
Art. 9.4.4. Norwegian Church Aid, or the at any time most efficient Christian international relief organization in the country or region where the Foundation is located.
Art. 9.4.5. Norwegian People's Aid, or the at any time most efficient non-denominational relief organization in the country or region where the Foundation is located.
Art. 9.4.6. The University of Oslo, or the equivalent at any time leading university in the country or region where the Foundation is located, alternatively Oxford University or the leading university in Africa (prominent and respected human rights scholar).
Art. 9.4.7. Norwegian P.E.N., alternatively International P.E.N, London, alternatively the leading writers’ association in China or India (prominent and respected human rights person).
Art. 9.4.8. The Royal Norwegian Society of Sciences and Letters, or the at any time corresponding institution in the country or region where the Foundation is located.
Art. 9.4.9. The National Librarian at the National Library of Norway, or the national library in the country or region where the Foundation is located.
Art. 9.4.10. Leading financial organizations or institutions, or the at any time corresponding financial organizations or institutions or the national bank in the country or region where the Foundation is located. (Respected person with high level of expertise in financial management and risk management).
Art.9.4.11. The Norwegian School of Economics, or the at any time leading economics and business administration college or university in the country or region in which the Foundation is located. (Respected business leader with expertise in information technology)
Art. 9.4.12. From the time when the Foundation has been fully operational for three years, a local partner for emergency relief and development assistance (person from a least developed country with local experience).
Art. 9.4.13. A local partner for human rights (person who has been subjected to torture or other serious human rights violation).
Art. 9.4.14. Any buddy or support group, donor group, etc. of the Foundation whose membership exceeds 150 persons.
Art. 4.9.15. If any of the institutions in mentioned in Arts. 9.4.1. to 9.4.11. is unable or unwilling to take office or ceases to exist, new and similar institutions shall be appointed by amendment of these statutes pursuant to Art. 10.9. At the first election of the Supervisory Board, new and similar institutions shall be appointed by amendment of the statutes by the Board pursuant to Art. 8.6. If the required majority is not obtained, or an appointment is not made for any other reason, the appointment shall be made by the Church, as the only institution in the Western world that has worked and justified its existence for almost 2000 years, represented by the leading Protestant, Roman Catholic or Orthodox denominations in the country or region in which the Foundation is located.
Art. 9.5. Each of the abovementioned institutions or organizations may nominate their own or other candidates who have the integrity and willingness to actively work for the Foundation's object, are respected in their fields, and can demonstrate satisfactory results.
Art. 9.6. The members of the Supervisory Board shall be elected for a period of five years and may be re-elected. Elections shall be organized so that approximately one fifth of the members are elected each year.
Art. 9.7. If a member of the Supervisory Board is elected to the Board, a new member of the Supervisory Board shall be appointed by the institution or organization by whom said member was nominated.
Art. 9.8. Neither the business manager, nor the members of the Board or members of the Supervisory Board may have loans in the Foundation or have collateral from the Foundation for their debts or obligations.
Art. 10. SURVIVAL OF THE FOUNDATION IN THE DISTANT FUTURE, AMENDMENTS
Art. 10.1. The need to save human lives and protect human rights and fundamental freedoms is likely to exist forever, as 5000 years of history have shown, so it must be assumed that the Foundation will always in the future justify its existence.
Art. 10.2. However, the changes that society and the world undergo are so dramatic and rapid that it is not possible for the Foundation to envision them at the date of incorporation. The officers and employees of the Foundation will therefore have an ongoing responsibility at all times to adapt the statutes, organization and working methods of the Foundation to the changing framework conditions, to ensure that the Foundation with its founding capital, organization, staff and networks will survive the changes and fulfil its object. The officers and employees shall, furthermore, ensure that the Foundation does not come under the rules of the Foundation Act on conversion.
During periods of social dissolution or totalitarianism, for example, the founding capital of the Foundation and / or its employees and officers can be moved to more acceptable countries or jurisdictions.
Art. 10.3. The Foundation undertakes at all times to support its officers, employees and their immediate families, if these are exposed to life-threatening situations or human rights violations, whether or not as a result of the Foundation's activities.
Art. 10.4. The name of the Foundation and its perpetual status (Art. 1) cannot be changed.
Art. 10.5. The main object of the Foundation (Art. 2.1.) cannot be changed.
Art. 10.6. Otherwise, the object as specified in Arts. 2.2. to 2.7. shall be adapted to changing conditions. This requires the support of 90% of all members of the Board and the Supervisory Board.
Art. 10.7. The provision relating to founding capital in Art. 4.4 cannot be reduced. Other amendments to Art. 4 require the support of 90% of all members of the Board and the Supervisory Board.
Art. 10.8. The provisions of Art. 5.3.1. cannot be changed in a manner which subjects the Foundation to increased principal risk. Otherwise, amendments to the provisions on asset management and risk management in Art. 5 require the support of 90% of all members of the Board and the Supervisory Board.
Art. 10.9. All other amendments to these statutes require the support of two thirds of all Members of the Board and the Supervisory Board.
Art. 11. APPLICATION OF THE FOUNDATION ACT
Art. 11.1. Unless otherwise stated in the Foundation's statutes, the prevailing foundation legislation in the country or countries or the jurisdiction in which the Foundation is located shall apply.
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